Res No 115-10-13149RESOLUTION NO. 115-10-1 31 49
A Resolution of the Mayor and of the City Commission employing the law firm of
Squire Sanders, Luis Reiter as Bond Counsel of the City of South Miami in conjunction
with the City Municipal Garage and all other issues of public financing; and providing
for an effective date.
WHEREAS, the terms and conditions of the Municipal Garage lease to Mark Richman Properties
have been complex and controversial; and
WHEREAS, at all times pertinent since on or about 2002, former City Attorney Luis Figueredo or
his law firm have solely represented the City in conjunction with the transactions resulting in the
Municipal Parking Garage; and
WHEREAS, it is deemed necessary and proper to review, evaluate, and analyze the outstanding
Bond issues related to the aforesaid Municipal Garage, including 2002 Bond financing in the amount of
$6,500,000 and 2007 Bond financing in the amount of $5,500,000; and
WHEREAS, such review is traditionally done by Bond Counsel employed by the City but the
former City Attorney never sought to engage Bond Counsel; and
WHERAS, the intricacies of public financing are sufficiently complex so as to require that most
cities hire their own Bond Counsel; and
WHEREAS, our current City Attorney has recommended that the City of South Miami hire Bond
Counsel whose services are billed on a "as needed " basis for these purposes; and
WHEREAS, it is necessary to not only review the aforesaid existing public financing represented
by the existing bonds, but the City is also bound to consider other alternatives, such as refinancing said
bonds with more favorable interest rates when financially advantageous to the City; and
WHEREAS, the Squire Sanders Law Firm and Luis Reiter have consistently been rated number
one as Bond Counsel in the State of Florida for the years 2007, 2008, and 2009; and
WHEREAS, upon the recommendation of our City Attorney, the City Commission did on May 18,
2010 hire Squire Sanders for a one month trial period; and
WHEREAS, the performance of said firm in acting as Bond Counsel has been satisfactory to
date.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF SOUTH
MIAMI, FLORIDA:
Section 1. The Law Firm of Squire Sanders and Luis Reiter are hereby employed on behalf
of the City of South Miami pursuant to the terms and conditions of the attached letter of May 13, 2010 to
serve as Bond Counsel for the City of South Miami on an "as needed" basis.
Section 11. The City Attorney is directed to sign the attached Letter Agreement of May 13,
2010 on behalf of the City of South Miami.
Section III. The attached Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 2nd day 3.upe 2010.
Page 1 of 2
Res. No. 115 -10 -13149
r_tiu:1016
CITY CLERK MAYO
READ AND APPROVED AS TO FORM:
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
W: \My Documents\ resolutions\ resolution97 _tohirebondcouncil.doc
Page 2 of 2
4 -0
Yea
Yea
absent
Yea
Yea
May 13,2010
Laurence Feingold, Esq.
City .Attorney
City of South. Miami, Florida
6130 Sunset Drive
South, Miami, Florida 33143
Re: Municipal Parking Garage Indebtedness
Dear Mr. Feingold:.
SQUIRE, SANDERS & DFYRsEY L.L.P.
200 Squth Biscayne Botilevard, Suite 4100
Miami, FL 33131
Office: +31.305.577J000
fax: +1.305.577.7001
On behalf of Squire, Sanders & Dempsey L.L.P. ("Squire Sanders" or the "Firin' ), I am .
pleased to Submit this letter to you, setting forth. the tennis upon which Squire Sanders agrees to
provide legal services to the City of South Miami, Florida (the "City ') in connection with certain
potential legal issues that have arisen with respect to the City's indebtedness that financed the
construction of its municipal parking garage (the "Garage Indebtedness?).
Our 'representation of the City will relate solely to the Garage indebtedness. We
understand that separate counsel will represent the City with respect to certain other matters that
have arisen, with respect to die municipal parking garage.
A written engagement agreement -is required or recommended by the law of professional
ethics in the jurisdictions in which. the Firra practices law, The cngagerient agreement between
us consists of this letter and the enclosed Standard. Terms and Conditions of Engagement
( "Standard. Terms' ). The engagement agreement is designed to address our responsibilities to
each other and to outline for.you certain important matters that are best established early as We
form an attorney- client relationship with you in this matter. It is governed by the law of Florida.
We request that you review this agreement carefully. By proceeding with this engagement you
will be indicating to us that you have:done so. It is important that you review and understand the
terms of our relationship, such. as the section on "Conflicts of Interest."
Out prof.ss10 fees for Icgal services rendered will be based on the hourly billing rate
for each person devoting time to this matter. We will also bill the City for all client charges
made or incurred in connection With our representation, such as travel costs, photocopying,
courier deliveries, long distance telephone charges, telecopier charges, filing fees', computer -
assisted research,, preparation of documents and other expenses. Please note- that we will bill for
MIAMI14254923.1,
L`GAL
�`SQU�'�yrIR�ryEC
S
COUNSEL
MLR
WORLDWIDE.
May 13,2010
Laurence Feingold, Esq.
City .Attorney
City of South. Miami, Florida
6130 Sunset Drive
South, Miami, Florida 33143
Re: Municipal Parking Garage Indebtedness
Dear Mr. Feingold:.
SQUIRE, SANDERS & DFYRsEY L.L.P.
200 Squth Biscayne Botilevard, Suite 4100
Miami, FL 33131
Office: +31.305.577J000
fax: +1.305.577.7001
On behalf of Squire, Sanders & Dempsey L.L.P. ("Squire Sanders" or the "Firin' ), I am .
pleased to Submit this letter to you, setting forth. the tennis upon which Squire Sanders agrees to
provide legal services to the City of South Miami, Florida (the "City ') in connection with certain
potential legal issues that have arisen with respect to the City's indebtedness that financed the
construction of its municipal parking garage (the "Garage Indebtedness?).
Our 'representation of the City will relate solely to the Garage indebtedness. We
understand that separate counsel will represent the City with respect to certain other matters that
have arisen, with respect to die municipal parking garage.
A written engagement agreement -is required or recommended by the law of professional
ethics in the jurisdictions in which. the Firra practices law, The cngagerient agreement between
us consists of this letter and the enclosed Standard. Terms and Conditions of Engagement
( "Standard. Terms' ). The engagement agreement is designed to address our responsibilities to
each other and to outline for.you certain important matters that are best established early as We
form an attorney- client relationship with you in this matter. It is governed by the law of Florida.
We request that you review this agreement carefully. By proceeding with this engagement you
will be indicating to us that you have:done so. It is important that you review and understand the
terms of our relationship, such. as the section on "Conflicts of Interest."
Out prof.ss10 fees for Icgal services rendered will be based on the hourly billing rate
for each person devoting time to this matter. We will also bill the City for all client charges
made or incurred in connection With our representation, such as travel costs, photocopying,
courier deliveries, long distance telephone charges, telecopier charges, filing fees', computer -
assisted research,, preparation of documents and other expenses. Please note- that we will bill for
MIAMI14254923.1,
SQUIR17, SANURris R' Drmapsev L.L.P.
Laurence Feingold,Isq.
City of South Miami, Florida
May 13, 201.0
Page 2
such fees and other charges on a monthly basis and payment is due within 30 days of the date of
each statement.
Any of the following alternative methods for acceptance of this engagement agreement
will be effective: (i) signing and returning the copy of this letter that is enclosed for that
purpose, or (ii) assigning us work, including continuing any previous assignment of work, or (iii)
sending us a letter or e -mail clearly referencing this engagement agreement and agreeing to it.
However, even if you accept this engagement agreement by methods (ii) or (iii), I would
appreciate it if you would confirm your acceptance by countersigning the enclosed copy of this
letter and returning it to me. If you do not agree with one or more of the provisions of the
engagement agreement, please contact me so that we can try to address your concerns.
Throughout our relationship, we want you to be satisfied with the professional services
that we perform on your behalf. Accordingly, we encourage you to contact us just as soon as
you have any questions or concerns regarding our services or our fees.
Letter and Standard Terms Accepted,
including section on "Conflicts of Interest"
CITY OF SOtl ' MIAMI, FLORIDA
I3y: �2 ��!1 +�C�� o
Laurence Feingold
City Attorney
LR:ge
Enclosure
M IAM i/42i4923, i
e-
,iGAje 3
Date: may--- 2010